Indiana Court Decisions: Nov. 15-29, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
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Landlord showed ‘procedural bad faith’ in appeal, COA rules in remanding for award of attorney fees
A landlord’s appeal of a small claims judgment against him was “permeated with procedural bad faith,” the Court of Appeals of Indiana ruled Monday in affirming the lower court’s decision.
Oral arguments in RFRA challenge to abortion ban set for Wednesday
The Court of Appeals of Indiana is set to hear oral arguments next week in a two-part challenge to Indiana’s near-total abortion ban under the state’s Religious Freedom Restoration Act.
Modified custody, parenting time order in mother’s favor upheld at COA
The grant of sole legal custody of a child to the mother and an order for the father’s parenting time to be supervised were not erroneous, the Court of Appeals of Indiana ruled Wednesday.
Appellate court rejects evidentiary challenges to firearm, drug convictions
The Court of Appeals of Indiana declined to reverse a man’s firearm-related convictions, determining that his challenges to the admission of evidence failed.
Factual issues need resolution in Hamilton County billboard dispute, COA rules in reversal
A factfinding hearing must be held regarding the state’s removal of a billboard sign along U.S. 31 before a trial court can decide if a taking occurred or enter an order of appropriation, the Court of Appeals of Indiana ruled Wednesday.
Bar fight wasn’t foreseeable, COA rules in reversal
A Muncie bar fight was not foreseeable, the Court of Appeals of Indiana has ruled in reversing the denial of summary judgment to the bar’s current and former owner.
COA affirms denial of juvenile’s motion for relief from child molesting adjudications
A trial court properly denied a juvenile’s motion for relief from judgment on two delinquencies adjudications that he admitted to, the Court of Appeals of Indiana has affirmed.
Denial of bond reduction not eligible for belated appeal under PCR 2, COA rules in dismissal
A man challenging the denial of his bond reduction motion cannot pursue a belated appeal under Post-Conviction Rule 2, the Court of Appeals of Indiana ruled Wednesday, finding no “extraordinarily compelling reasons” to reinstate his forfeited appeal.
Reversal: Mother’s previous abandonment of children doesn’t rebut parental presumption in grandparent custody case
A mother’s abandonment of her children five years ago does not mean the children’s grandparents should get custody, a split Court of Appeals of Indiana has ruled.
Damages based on traffic flow were too high in I-69 takings case, COA rules
Indiana Supreme Court precedent holding that damages associated with traffic flow variations are not compensable is controlling in a case where the state seized a parcel of land in Johnson County for the I-69 project, the Court of Appeals of Indiana ruled.
COA dismisses provider’s appeal of ruling in med-mal case, finding ruling wasn’t a final judgment
A provider cannot yet appeal a ruling in a medical malpractice complaint against him because the ruling at issue was not a final judgment, the Court of Appeals of Indiana ruled in a Tuesday dismissal.
IN justices grant transfer in Decatur County meth possession case
Indiana Supreme Court justices have agreed to consider a case in which a Decatur County man is challenging his conviction and habitual offender enhancement for felony possession of methamphetamine.
IN Supreme Court affirms for Ball State in student’s COVID breach case
The Indiana Supreme Court has unanimously ruled in favor of Ball State University in case in which a student sued for breach of contract and unjust enrichment when classes switched to only-online instruction during the COVID-19 pandemic.
Termination order affirmed at COA
The Court of Appeals of Indiana has affirmed the termination of the parental rights of two parents with severe substance abuse issues, finding the issues that led to termination wouldn’t be remedied in the near future.
Lafayette man fails to persuade COA that meth dealing convictions should be reversed
Any error in the admission of Facebook messages that showed evidence of a Lafayette man’s drug deals was harmless, the Court of Appeals of Indiana affirmed Wednesday.
Murder conviction affirmed after roadside shooting
A man convicted in a roadside shooting could not convince the Court of Appeals of Indiana to overturn his murder conviction.
‘Joint physical custody’ means equal parenting time in divorce case, COA rules in reversal
A dissolution decree did not award the equal parenting time that a mother and father had agreed to, resulting in a reversal from the Court of Appeals of Indiana.
COA rejects jury instruction, double jeopardy challenges to domestic battery, strangulation convictions
Neither a claim of fundamental error nor a claim of double jeopardy undermined a man’s domestic battery and strangulation convictions, the Court of Appeals of Indiana ruled Wednesday.
Indiana Court Decisions: Nov. 2-14, 2023
Read Indiana appellate court decisions from the most recent reporting period.